Open AccessBRIBERY AND GRATUITY: REGULATORY ANALYSIS AND JUDICIAL RESPONSE
Author(s) -
Ach. Tahir,
Mahrus Ali,
Muhammad Arif Setiawan
Publication year - 2021
Publication title -
jurnal ius constituendum
Language(s) - English
Resource type - Journals
eISSN - 2580-8842
pISSN - 2541-2345
DOI - 10.26623/jic.v6i2.4093
Subject(s) - sanctions , criminal code , law , language change , code (set theory) , business , psychology , law and economics , political science , criminal law , economics , computer science , art , literature , set (abstract data type) , programming language
This paper is aimed at analyzing the concepts and parameters to determine an act as a bribery and gratuity in the Anti-Corruption Law and court cases. This involved the application of the doctrinal legal research to understand these differences. The results of this study showed that bribery requires a meeting of mind between the bribe givers and bribe recipients which is not found in gratuity. The reporting mechanism and the reversal burden of proof do not apply to bribery while Operation Catching Hand does not apply to gratuity due to its inability to satisfy the provisions of the Criminal Procedure Code. Criminal sanctions are also imposed on both the giver and the recipient of a bribe while the act of a giver in gratuity is not considered as a criminal offense. The study also found that the court failed to apply these essential differences.